NAIROBI, Kenya – The High Court has postponed proceedings in a high-profile constitutional case involving former Deputy President Rigathi Gachagua, following a Court of Appeal ruling that found the bench assigned to hear the matter was improperly constituted.
The case, filed as Bench Petition No. E565 of 2024, was set for hearing on May 15, 2025.
However, a notice issued Tuesday by Assistant Deputy Registrar Beja Nduke informed parties that the hearing has been adjourned pending fresh directions from Chief Justice Martha Koome.
“Kindly take notice that following the Court of Appeal judgment delivered on 9/5/2025 in Civil Appeal No. E829 of 2024, this matter… stands adjourned pending directions by the Honourable Chief Justice in line with the Court of Appeal decision,” the notice read.
Appeal Court Overturns Mwilu Appointment
The adjournment follows a ruling last week in which the Court of Appeal overturned an October 18, 2024 decision by Deputy Chief Justice Philomena Mwilu to appoint a three-judge bench to preside over the petition.
The appellate court found that Mwilu acted outside her constitutional mandate, declaring that only the Chief Justice has the authority to empanel benches in constitutional matters.
The original panel—comprising Justices Erick Ogolla, Anthony Mrima, and Freda Mugambi—had already been assigned the case, which now returns to square one.
Gachagua’s legal team had challenged Mwilu’s move as unconstitutional and procedurally flawed, a position that was upheld by the appellate judges in their May 9 decision.
The court further directed that the matter be referred back to Chief Justice Koome for appropriate action.
With the case now paused, all eyes are on CJ Koome, who will determine the way forward, including the appointment of a new bench.
